As used in this chapter, words in the singular include the plural, and those in the plural include the singular. The words "shall" and "will" for the purpose of this chapter are defined as mandatory. For more definitions, see Chapter 207, Zoning.
A.Â
For the purpose of this chapter, the following terms shall be considered
interchangeable:
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Unless otherwise expressly stated, the following definitions shall,
for the purpose of this chapter, have the meaning herein indicated.
Any pertinent word or term not a part of this listing shall be construed
to have its legal definition, as may be defined in "The Latest Illustrated
Book of Development Terms: New Expanded Edition" by Moskowitz and
Lindbloom, 2004, CUPR Press.
The following is a list of specific terms, found elsewhere in
the chapter, along with definitions of their intended meaning:
A permanent service roadway providing a means of access to
abutting property and not intended for general traffic circulation.
The surfacing of a street, parking area, access or walkway
to a dustless, mud-free and otherwise permanently passable condition
during all seasons of the year and under adverse weather conditions.
Macadam, gravel, crushed stone and shale surfaces will all suffice
to meet this test, but the depth and installation of the material
shall be subject to the approval of the Town Engineer.
A landowner, developer or subdivider, as hereinafter defined,
who has filed an application for subdivision plat approval, including
heirs, successors and assigns.
A mound of earth or the act of pushing earth into a mound.
A tract of land or a lot or group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses, bodies of water,
boundary lines of the Town, or any combination of the above.
A structure formed of any combination of materials which
is erected on the ground and permanently affixed thereto and designed,
intended or arranged for the housing, shelter, enclosure or structural
support of persons, animals, or property of any kind.
A sewage system or water supply system designed to serve
more than one dwelling unit or building; not including the use of
a single well or disposal system for two dwellings on the same parcel
of land. See "on-site sewage or water supply" for further information.
An area of unobstructed vision at a street intersection(s),
defined by lines of sight between points at a given distance from
the intersecting street center lines.
An individual who is appointed or hired on a consulting basis
to administer and enforce local land use laws and the New York State
Uniform Fire Prevention and Building Code.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a subdivision, which a parcel or parcels
have been designed and intended for the use or enjoyment of residents
of the development. It does not include streets, off-street parking
areas and areas set aside for utility placement, rights-of-way or
similar public facilities.
All of the land and improvements part of a subdivision which
is to be jointly owned and maintained by the lot owners, lessees and/or
members of the subdivision and identified as such by the subdivider
on any plat offered to the Town for approval.
A form of development for single-family residential subdivisions
that permits a reduction in lot area and other development standards,
provided that there is no increase in the number of lots permitted
under a conventional subdivision, given the specific site conditions,
and no less than 35% of the total land area is devoted to permanent
open space.
The County of St. Lawrence, State of New York, and its planning
agency.
A minor street providing a single access to a group of lots
with a turnabout area at the end of such street.
The New York State Department of Environmental Conservation.
The owner, or authorized agent of the owner, including but
not limited to any individual, partnership or corporation that undertakes
a subdivision or any of the activities covered by this chapter, particularly
the preparation of a subdivision plat showing the layout of the land
and the public improvements involved therein. The term "developer"
is intended to include the term "subdivider," even though the personnel
involved in successive stages of this project may vary.
A defined private access from an individual lot to a public
or approved private right-of way.
A building arranged, intended, designed, or used as the living
quarters for one or more families living independently of each other
upon the premises. The term "dwelling" shall not be deemed to include
hotel, motel, rooming house or tourist home.
DWELLING, SINGLE-FAMILYA building arranged, designed and intended for and occupied exclusively by one family.
DWELLING, TWO-FAMILYA building arranged, designed and intended for and occupied by two families living independently.
DWELLING, MULTIFAMILYA building arranged, designed and intended for and occupied by three or more families living independently and having no cooking or sanitary facilities in common with any other dwelling unit, including apartment houses, apartment hotels, flats and garden apartments.
One or more rooms designed, occupied, or intended for occupancy
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public or private purpose and
within which the lessee or owner of the property shall not erect any
permanent structure but shall have the right to make any other use
of the land which is not inconsistent with the rights of the grantee.
A lot not meeting minimum frontage requirements and where
access to the public road is by a private right-of-way or driveway.
That side of a lot abutting on a street or way and ordinarily
regarded as the front lot, but it shall not be considered as the ordinary
side of a corner lot.
A family living together in a single dwelling unit, with
common access to and common uses of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit.
A planning program that has been jointly undertaken by the
Towns of Louisville and Massena and the Village of Massena and approved
by the New York State Department of State. One of the key features
of the program is the articulation of coastal policies that apply
in the waterfront revitalization area and with which actions must
be consistent.
A tract or parcel of land held in single or joint ownership,
not necessarily shown on a duly recorded map, which is occupied or
capable of being occupied by buildings, structures and accessory buildings,
including such open spaces as are arranged, designed, or required.
The term lot shall also mean parcel, plot, site, or any similar term.
LOT AREAThe area of land contained within the limits of the property lines bounding that lot. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
LOT IMPROVEMENTA division or redivision of land wherein lot area is shifted from one parcel to another so to improve the shape or dimension of each. See § 191-18 for further clarification.
LOT WIDTHThe average of the widths of a lot at the building setback line and the rear lot line.
LOT FRONTAGEThe length of the front lot line as measured at the street right-of-way line.
Any division of land where the parcels are already delimited
by streets, railroads or other similar physical features, or by a
natural land feature, such as a river, stream or cliff, and therefore
effectively separating a parcel into different building lots.
Any sewage system designed to treat sewage by subsurface
means or to provide water from a drilled well or spring, within the
boundaries of an individual lot. See "central sewage or water supply"
for further information.
The original, single area of land that is proposed to be
divided to create smaller, individual lot(s).
Improvement of the traveled portion of a roadway with a hard, solid surface material conforming to the standards of the Town of Massena Highway Specifications (Chapter A215).
A surety bond, certified check or other security meeting
the requirements of § 277 of the Town Law and the terms
of which are satisfactory to the Town Attorney, guaranteeing the subdivider
will install all required or planned improvements.
Any individual, firm, trust, partnership, public or private
association or corporation, or other entity.
A drawing, map, chart, plan or plotting indicating the subdivision
or resubdivision of land, which in its various stages of preparation
can include the following:
SKETCH PLANA general plan, identified as such with the title "Sketch Plan" on the map, indicating existing site features of a tract and its surroundings and the general layout of the proposed subdivision, to be used as a basis for conceptual consideration by the Town, Planning Board site inspection and, in the case of conservation subdivisions, determining allowable density.
PRELIMINARY PLATA complete plan prepared by a registered professional engineer or licensed land surveyor, identified as such with the wording "preliminary plat" in the title, accurately showing proposed streets and lot layout and such other information as required by this chapter.
FINAL PLATA complete and exact plan, identified as such with the wording "Final Plat" in the title, with a professional engineer's or registered surveyor's seal affixed, and prepared for official recording with modifications as required during the review and approval of the preliminary plat.
The clerk or secretary designated to accept applications,
plats, fees and correspondence on behalf of the Town of Massena Planning
Board.
The State Environmental Quality Review Act, a state law,
6 NYCRR Part 617, that requires the examination of environmental impacts
of all actions that are permitted, funded or constructed by a local
government.
That portion of a roadway between the outer edge of the traveled
way or pavement and the point of intersection of the slope lines at
the outer edge of the roadway, for the accommodation of stopped vehicles
and for lateral support.
A highway or road, intended primarily for the purposes of
vehicular traffic, including the following:
STREET, MINORA road the primary purpose of which is to collect vehicular traffic from individual dwellings or places of business.
STREET, COLLECTORA road the primary purpose of which is to collect vehicular traffic from minor streets and deliver it major traffic streets.
STREET, MAJORA road the primary purpose of which is to collect vehicular traffic from collector streets and deliver it to destination points or arterial highways, such as State Highway 37.
STREET, MARGINAL ACCESSAn interior street parallel to a major or collector street and serving abutting properties.
STREET, PUBLICA road accepted, owned, and maintained by the Town.
STREET, PRIVATEA road that has not been accepted by the Town.
Same as "developer."
The division; for purposes of immediate or future sale, lease, partition by the court for distribution to heirs or devisees, transfer of ownership, building or lot development, of any parcel of land into two or more lots, plots, sites or other divisions of land; with or without streets or highways, excepting lot improvements as defined in § 191-18 of this chapter.
Any subdivision conforming to all the following conditions:
Containing two lots, including the original or parent parcel,
but not more than four lots; and
Not requiring any new street or road or the extension of municipal
facilities; and
With all lots fronting on an existing approved and improved
street, excepting that in situations where a minor subdivision is
located more than 300 feet from the nearest Town road, in which case
the Planning Board may vary this requirement to allow a fifty-foot-wide
right-of-way with a twelve-foot-wide travel way; and
Not adversely affecting the development of the remainder of
the parcel or adjoining property; and
Not in conflict with any provision or portion of Chapter 207, Zoning, or this chapter.
Notwithstanding these requirements, the Planning Board may,
however, by waiver classify any subdivision as minor which does not
involve new improvements.
MAJOR SUBDIVISIONAny subdivision or land development which is not a minor subdivision or lot improvement. Any subdivision which involves the utilization of central sewage disposal systems or water supplies, the construction of any streets, or the utilization of conservation subdivision techniques shall also be considered a major subdivision, regardless of the number of lots.
A land surveyor licensed by the State of New York.
The Town of Massena, St. Lawrence County, New York.
Governing council of the Town of Massena.
A professional engineer licensed as such by the State of
New York and appointed or hired on a consulting basis to provide engineering
advice to the Town.
The standards of the Town of Massena pertaining to the approval
of streets by the Town Highway Superintendent and the acceptance of
such streets for formal dedication to the Town.
The New York State Town Law which governs the operation of
all towns within the state.
A discernible, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations, including intermittent streams but excepting drainage
ditches, swales or diversion terraces.
A portion of the waterfront revitalization boundary that
extends along coastal areas from the Village of Massena and the Town
of Louisville that is located within the Town of Massena's municipal
limits. The boundary was adopted as part of the Local Waterfront Revitalization
Planning Program. Refer to the Waterfront Revitalization Overlay Map.
A zoning district placed over portions of the Town's underlying zones and requires all uses to satisfy Waterfront Revitalization District standards that are specified in Chapter 207, Zoning, of the Town Code.
